family law rules 1984 - legislationfile/familylawrules84vol05.pdf · family law rules 1984 1 family...

Family Law Rules 1984 1

Family Law Rules 1984

Statutory Rules 1984 No. 425 as amended

made under the

Family Law Act 1975

This compilation was prepared on 12 February 2004taking into account amendments up to SR 2004 No. 5

This document has been split into six volumes Volume 1 contains Orders 1–41 Volume 2 contains Schedule 1 (Forms 1–12) Volume 3 contains Schedule 1 (Forms 12A–21) Volume 4 contains Schedule 1 (Forms 22–46A) Volume 5 contains Schedule 1 (Forms 47–69A) Volume 6 contains Schedules 2, 3 and the Notes Each volume has its own Table of Contents

Prepared by the Office of Legislative Drafting, Attorney-General’s Department, Canberra

Contents

Page

2 Family Law Rules 1984

Contents

Schedule 1 New Forms 3

Form 47 Application — Contempt 3

Form 48 Application — Contravention of order 5

Form 49 Application — Contravention of child order 7

Form 49A Information 9

Form 51 Warrant of arrest 11

Form 53 Warrant of commitment 12

Form 54 Notice by solicitor to client of ceasing to act 14

Form 55 Notice to Court that lawyer has ceased to represent party 15

Form 56 Bill of Costs 16

Form 57 Notice disputing bill of costs 18

Form 58 21

Form 59 Bond 22

Form 60 Offer of settlement 23

Form 61 Withdrawal of offer of settlement 24

Form 62 Acceptance of offer of settlement 25

Form 63 Application/Appeal 26

Form 64 Appeal from decision of child support registrar 29

Form 65 Notice of intervention by child support registrar 31

Form 66 Notice of child abuse or of risk of child abuse 32

Form 67 Application for leave to appeal 34

Form 68 Notic`e seeking Mediation 36

Form 69 Mediation/Counselling Memorandum 38

Form 69A Memorandum of case conference 40

New Forms Schedule 1

Application — Contempt Form 47


Schedule 1 New Forms

Form 47 Application — Contempt (order 35, rule 10)


Form 47 Application — Contempt


FORM 47—continued


Application — Contravention of order Form 48


Form 48 Application — Contravention of order (order 35, rule 5)


Form 48 Application — Contravention of order


FORM 48—continued


Application — Contravention of child order Form 49


Form 49 Application — Contravention of child order (order 35, rule 6)


Form 49 Application — Contravention of child order


FORM 49—continued


Information Form 49A


Form 49A Information (order 35, rule 8)

INFORMATION

IN THE *MAGISTRATES/*LOCAL COURT

AT:

TO: (insert full name and address of defendant)

BY ORDER of the Family Court of *Australia/*Western Australia at (insert place) dated (insert date), a sealed copy of which is attached,

*a sentence was imposed on you/*an order was directed to you.

1. I, (insert full name and address of informant), allege that you have, without reasonable excuse, failed to comply with:

*the sentence/order; or *a requirement made in relation to the *sentence/*order by or

under the applied provisions.

*2. I apply for the issue of a summons.

*3. I believe, for the following reasons, that proceedings against you by summons might not be effective (in numbered paragraphs concisely state the reasons).

*4. I apply for the issue of a warrant.

*SWORN/*AFFIRMED

AT:

DATED: 19 . ........................................ (Signature of informant)

BEFORE ME: ..................................................................... (Signature and title of person before whom information is sworn or affirmed)


Form 49A Information


FORM 49A—continued

SUMMONS

(Court use only—not to be completed if a warrant is being issued)

TO: (insert full name and address of defendant)

YOU ARE ORDERED to attend the (insert name of court) Court

AT: (insert place of court)

ON: (insert date)

AT: (insert time)

AND to attend from day to day, unless you are excused or released from attendance by the court or a Registrar, until the hearing of the above proceedings is completed.

.................................. Magistrate

[NOTES:

1. Subsections 70NN (2), (3) and (6) and subsection 112AH (3) of the Family Law Act provide that the court may issue a warrant for the arrest of a person who fails to attend before the court as required by a summons.

2. In accordance with Order 35, subrule 8 (6), if a person is arrested under a warrant, a copy of the sealed information must be served on the defendant at the time the arrest is made.]

* Omit if not applicable.


Warrant of arrest Form 51


Form 51 Warrant of arrest (order 34, rule 6)

WARRANT OF ARREST

TO: *The Marshal *All officers of the Australian Federal Police *All officers of the Police Force of (insert State or Territory)

1. BECAUSE OF an order made by the Court at (insert place) on (insert date), to issue a warrant for the arrest of (insert full name) of (insert address), YOU ARE DIRECTED TO ARREST (insert full name) and bring that person before the Court, or any other court exercising jurisdiction under the Act, on the first day on which the Court next sits after the person’s arrest, or as soon as practicable after that date.

*2. This warrant is issued under subsection 65Q (2) of the Family Law Act.

*3. This warrant stops being in force on (insert date).

DATED: 19 .

By the court ..................................

Registrar

[NOTES:

1. Section 122A of the Family Law Act 1975 provides that, if a person to whom this warrant is addressed reasonably believes that the person to be arrested is in or on premises, a place, vehicle, vessel or aircraft, that person may:

(a) without warrant, enter and search the premises, place, vehicle, vessel or aircraft; and

(b) may use such force and assistance as is necessary and reasonable to enable the exercise of these powers.

2. If no date is specified in item 3, this warrant stops being in force:

(a) if it is issued under subsection 65Q (2) of the Family Law Act 1975 — 6 months after the date it is issued; or

(b) in any other case — 12 months after it is issued.]

* Omit if not applicable.


Form 53 Warrant of commitment


Form 53 Warrant of commitment (order 34, rule 6)

WARRANT OF COMMITMENT

TO: The Marshall

And to: All Officers of the Australian Federal Police,

All Officers of the Police force of ,

The Keeper of . WHEREAS (full name) of on the day of 19 , appeared before this Court. AND WHEREAS the said person was ordered to be imprisoned YOU the said ARE HEREBY DIRECTED to take the said person and safely convey that person to the said gaol, and to deliver that person to the Keeper thereof, together with this warrant. AND YOU the said Keeper of ARE HEREBY DIRECTED to receive the said person into your custody and keep that person in accordance with the said order, a copy of which is attached hereto.


Warrant of commitment Form 53


FORM 53—continued

AND for so doing this shall be your sufficient warrant. Dated this day of 19 .

By the Court,

Registrar.

Note: 1. The person named in this warrant has been committed to

prison under the Family Law Act 1975. The person is NOT a federal offender and is NOT entitled to have the period specified by the Court reduced by any remissions. Furthermore, the person is NOT eligible to participate in any State pre-release schemes which apply to federal offenders.


Form 54 Notice by solicitor to client of


Form 54 Notice by solicitor to client of ceasing to act (order 37, rule 1)

NOTICE BY SOLICITOR TO CLIENT OF CEASING TO ACT

TO: (full name)

(address) TAKE NOTICE that as I have ceased to represent you in these proceedings, I intend, after the expiration of 7 days after the service of this notice on you, to file in the Court a notice of my having ceased to represent you in these proceedings. UNDER THE FAMILY LAW RULES, you may give notice, in accordance with those Rules, that you are represented by another solicitor, or that you intend to act in person. However, if you do not give such a notice, you will be deemed not to have an address for service for the purpose of these proceedings and will not be entitled to have pleadings or other documents served on you. Dated this day of 19 .

................................................ Solicitor


Notice to Court that lawyer has ceased to represent party Form 55


Form 55 Notice to Court that lawyer has ceased to represent party (order 37, rule 1)

NOTICE TO COURT THAT LAWYER HAS CEASED TO

REPRESENT PARTY

TO: The Registrar TAKE NOTICE that I am no longer representing the in these proceedings. A NOTICE, in accordance with Order 37, rule 1, was served on that party on (insert date) by (set out particulars that establish due service of the notice). *I am instructed that the future address for service of that party is (insert address) . I advise that the last known address of the party is (insert address). *I advise that the last known telephone number, fax number or e-mail address is (insert number or address). I have notified my client at their last known address that the matter is next listed before the court on (date) for (action). Dated this day of 20 .

................................................ (Signature of solicitor)

* Omit if inapplicable.


Form 56 Bill of Costs


Form 56 Bill of Costs (order 38, rule 40)

BILL OF COSTS

NOTICE

1. If you do not agree with anything in this bill, you must, within 28 days of the bill being served on you:

(a) make an agreement with the person who prepared the bill and request the court to make a consent order in the terms of the agreement; or

(b) file at the court a copy of the bill and a notice disputing the bill.

2. A notice disputing the bill must identify each item in dispute, give the reason for dispute and state the amount (if any) offered in substitution for the amount specified in the bill.

3. If you file a notice disputing the bill, you must also serve a copy of the notice disputing the bill on the person who prepared the bill.

4. If you file a notice disputing the bill, the bill will be listed for a taxation hearing before a taxing officer at the time and place endorsed on the notice disputing the bill.

SUMMARY

Page No. Fees Disbursements Amounts claimed claimed taxed off

1 $ (insert amount) $ (insert amount) $ (insert amount)




(Complete for all pages)

(Include the costs of the taxation hearing)

TOTAL $ (insert amount) $ (insert amount) $ (insert amount)


Bill of Costs Form 56


FORM 56—continued

CLAIMED: Fees $ (insert amount)

Disbursements $ (insert amount)

TOTAL OF BILL: $ (insert amount)

In accordance with the summary set out above, (insert name of person(s) claiming payment) claim(s) payment of the total amount of the bill.

DATED: 19 .

................................................. (Signature)

TOTAL OF BILL (as above): $ (insert amount)

LESS COSTS TAXED OFF: $ (insert amount)

TOTAL COSTS ALLOWED: $ (insert amount)

LESS TOTAL ALREADY PAID OR CREDITED: $ (insert amount)

TOTAL AMOUNT PAYABLE FOR COSTS: $ (insert amount)

__________

DESCRIPTION OF ITEMS

Page No. (insert page number)

Item Date Description Disbursement Fees Amount No. Taxed off

(Insert relevant details)


Form 57 Notice disputing bill of costs


Form 57 Notice disputing bill of costs (order 38, rule 42)

Fill in box A (file numbers)

A

File number

B

Filed at

Filed on

[name of court]

Notice disputing bill of

costs

Form 57 — Family Law Rules Order 38, rule 42

◊ Type or print clearly

◊ Cross boxes where applicable

C

Taxation/pre-taxation conference*

Place

Date

Time

*delete if inapplicable

Notice to parties

• The person named in item 1 below disputes items in the bill of costs.

• An appointment has been fixed with a taxing officer — for details see box C above.

• You or your lawyer may attend the appointment. If you or your lawyer do not attend, the bill may be taxed in your absence.

• At the appointment there may be further attempts to agree on the matters in dispute.

Details of parties

1 Person(s) disputing the bill

family name (surname)

given names


Notice disputing bill of costs Form 57


2 Postal address for send to lawyer in item 3 other give details:

service of documents

postcode

tel ( ) fax ( )

3 Lawyer for person(s) in item 1:

name

firm name

address

phone/fax/DX

postcode

tel ( ) fax ( ) DX and suburb/town

4 Name(s) of person(s) or firm claiming the costs

5 Date of bill and date it was served on person(s) in item 1

Date of bill:

Date of service:

6 Give the grounds of dispute and the amount you offer for each item disputed in the bill

give each disputed item the same number it has in the bill – attach an extra page if you need more space

Item number grounds of dispute amount offered

……………. …………………… ………………

……………. …………………… ………………

……………. …………………… ………………

……………. …………………… ………………

……………. …………………… ………………

……………. …………………… ………………

……………. …………………… ………………

……………. …………………… ………………

……………. …………………… ………………


Form 57 Notice disputing bill of costs


Signature

Signed Date

person (s) in item 1 lawyer

This notice was prepared by: person (s) in Item 1 lawyer

(print name if lawyer)


�


Form 58 (order 38, rule 46)

[INSERT FORM 58—1 PAGE ONLY


Form 59 Bond


Form 59 Bond (order 40, rule 4)

RECOGNIZANCE

BE IT REMEMBERED that on the day of 20 , (full name) of (address) (occupation) personally came before me, the Registrar (or clerk in the Registry) of this Court at and ACKNOWLEDGED himself to owe to the Commonwealth of Australia (or as the case may be) the sum of $ to be made and levied on his/her several goods and chattels, land and tenements to the use of the said Commonwealth if he/she shall fail in the condition hereon endorsed.

............................................. Signature of person bound

Taken and acknowledged the day and the year first abovementioned at before me,

............................................. Registrar/Deputy Registrar

CONDITION

(set out particulars)

............................................. Signature of person bound

............................................. Registrar/Deputy Registrar


Offer of settlement Form 60


Form 60 Offer of settlement (order 29, rule 1)

OFFER OF SETTLEMENT

DATE OF FILING: TO: (Full name) and the Solicitors for TAKE NOTICE that makes the offer of settlement in these proceedings set out below in respect of the whole/specified parts of the proceedings.

Part of Proceedings Terms of offer

Dated this day of 19 .

............................................. Solicitor for


Form 61 Withdrawal of offer of settlement


Form 61 Withdrawal of offer of settlement (order 29, rule 1)

WITHDRAWAL OF OFFER OF SETTLEMENT

DATE OF FILING: TO: (Full name) and the Solicitors for TAKE NOTICE that HEREBY WITHDRAWS the offer of settlement made herein dated the day of 19 and filed the day of 19 . DATED this day of 19 .

............................................. Solicitor for


Acceptance of offer of settlement Form 62


Form 62 Acceptance of offer of settlement (order 29, rule 1)

ACCEPTANCE OF OFFER OF SETTLEMENT

DATE OF FILING: TO: (Full name) and the Solicitors for TAKE NOTICE that HEREBY ACCEPTS the offer of settlement dated the day of 19 and filed the day of 19 . DATED this day of 19 .

............................................. Solicitor for


Form 63 Application/Appeal


Form 63 Application/Appeal (order 31B, subrules 4 (2) and 18 (1))

*CHILD SUPPORT (ASSESSMENT) ACT 1989

*CHILD SUPPORT (REGISTRATION AND COLLECTION) ACT 1988

*APPLICATION/*APPEAL

IN THE MATTER OF: (X and Y) Children

DATE OF FILING: This application is made by * father * mother * other person *APPLICANT’S/*APPELLANT’S ADDRESS FOR SERVICE: To the respondent: (full name and address) *The attached application HAS BEEN SET DOWN FOR HEARING by the Court at on 19 .

............................................. Registrar

APPLICATION

(Full name of applicant) applies for the following orders: (1) (2) 1. The date(s) of birth of the *child/*children are:


Application/Appeal Form 63


FORM 63—continued

2. The parents of the *child/*children are: father (full name) mother (full name) 3. *The father and mother were married at on 19 . *The father and mother were never married. 4. The dates of the periods of cohabitation (if any) between the

parents of the *child/*children were: 5. The date of separation (if applicable): 6. This *application/*appeal is brought under *paragraph/*subsection/

*section of the *Child Support (Assessment) Act 1989/*Child Support Registration and Collection Act 1988.

GROUNDS OF *APPLICATION/*APPEAL

The *application/*appeal is made on the following grounds: (1) (2) This application was *prepared/*settled by (name of counsel, solicitor or applicant). Dated 19 .

...................................................... Signature of

*solicitor/*applicant

........................................................................................................................


Form 63 Application/Appeal


FORM 63—continued

NOTICE BY RESPONDENT

To the Registrar, (name of court) at I, (full name of respondent), having received the application of (full name of applicant) in proceedings to which I am the respondent, give notice that I intend to defend those proceedings. Dated 19 .

...................................................... (Signature of respondent)

*Omit if not applicable.


Appeal from decision of child support registrar Form 64


Form 64 Appeal from decision of child support registrar (order 35, rule 8)

*CHILD SUPPORT (ASSESSMENT) ACT 1989

*CHILD SUPPORT (REGISTRATION AND COLLECTION) ACT 1988

APPEAL FROM DECISION OF CHILD SUPPORT REGISTRAR IN THE MATTER OF: (X and Y) Children

DATE OF FILING: This application is made by * father * mother * other person APPELLANT’S ADDRESS FOR SERVICE: To the respondent (full name and address) The attached appeal HAS BEEN SET DOWN FOR HEARING by the Court at on 19 at *a.m./*p.m. If you do not appear at the hearing the Court may proceed to hear and determine the appeal in your absence. Dated 19 .

.................................................. Registrar


Form 64 Appeal from decision of child support registrar


FORM 64—continued

GROUNDS OF APPEAL

The appellant appeals against the decision of the Registrar made on 19 on the following grounds: (1) (2)

ORDERS SOUGHT

The appellant seeks the following orders: (1) (2) This appeal was *prepared/*settled by (name of counsel, solicitor or applicant). Dated 19 .

........................................................ (Signature of

*solicitor/*appellant) *Omit if not applicable.


Notice of intervention by child support registrar Form 65


Form 65 Notice of intervention by child support registrar (order 31B, rule 32)

CHILD SUPPORT (ASSESSMENT) ACT 1989

NOTICE OF INTERVENTION BY CHILD SUPPORT REGISTRAR

IN THE MATTER OF: (X and Y) Children

DATE OF FILING: To the *applicant/*appellant: And to the respondent: The Child Support Registrar intervenes in these proceedings. The address for service of the Child Support Registrar is Dated 19 .

........................................................ Child Support Registrar

*Omit if not applicable.


Form 66 Notice of child abuse or of risk of child abuse


Form 66 Notice of child abuse or of risk of child abuse (order 23A, paragraph 1 (1) (a))


Notice of child abuse or of risk of child abuse Form 66


FORM 66—continued


Form 67 Application for leave to appeal


Form 67 Application for leave to appeal (Order 32A, rule 2)

(Order 32C, rule 3)


Application for leave to appeal Form 67



Form 68 Notice seeking Mediation


Form 68 Notice seeking Mediation (order 25A, rule 2)

Family Law Act 1975

NOTICE SEEKING MEDIATION

*To the Principal Director of Mediation of the Family Court of Australia, or *To the appropriate officer of the Family Court of (name of State) at I/We (Set out, in the format shown below, the following particulars of each person giving notice) Surname [ ] Given names [ ] Address [ ] [ ] [ ] postcode [ ] Telephone number [ ] Occupation [ ] give notice that *I/*we seek the assistance of the mediation facilities of the *Family Court of Australia/*Family Court of (name of State). Please invite (set out, in the format shown below, the following particulars of each person to be invited) Surname [ ] Given names [ ] Address [ ] [ ] [ ] postcode [ ]

FORM 68—continued


Notice seeking Mediation Form 68


Telephone number [ ] Occupation [ ] to attend for the mediation. Dated 19 .

................................................

(Signature(s)) *Omit if not applicable. NOTE: Set out the required information within the square brackets,

commencing as near as practicable to the left hand bracket.


Form 69 Mediation/Counselling Memorandum


Form 69 Mediation/Counselling Memorandum (order 25, rule 4A and order 25A, rule 16)


Mediation/Counselling Memorandum Form 69


FORM 69—continued


Form 69A Memorandum of case conference


Form 69A Memorandum of case conference


Memorandum of case conference Form 69A


FORM 69A—continued

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